If you’re running background checks on job candidates, understanding the difference between criminal records and civil records is essential. These two types of records serve very different legal purposes, and each one plays a role in how employers manage risk, maintain compliance, and protect workplace safety.
Criminal records document cases where the government prosecutes an individual for breaking the law. These cases are handled in criminal court and can result in legal penalties such as jail or prison time, fines, probation, or a formal criminal conviction.
When employers run a criminal background check, they are typically looking for information such as arrests, misdemeanors, felonies, warrants, and convictions, although what can legally be reported depends on state and local laws.
Civil records, by contrast, document legal disputes between individuals or businesses rather than criminal activity. These cases are filed in civil court and do not involve jail time or criminal penalties. Instead, what is at stake in a civil case is usually money, property, contracts, or court orders. Employers who include civil record searches in their background screening may see information such as lawsuits, evictions, bankruptcies, liens, judgments, and contract disputes.
Civil Cases Do Not Appear on Standard Criminal Background Checks
If a business wants visibility into civil lawsuits, judgments, evictions, or other non-criminal court activity, this requires a separate civil records search. Many employers assume that a “background check” automatically includes both, but in practice, criminal and civil records are sourced from different court systems and must be ordered as distinct searches.
While civil records do not indicate that a person has broken the law, they can still provide insight into financial responsibility, legal risk, or patterns of disputes. This can be particularly relevant for leadership roles, financial positions, property management, or any job that involves fiduciary responsibility or signing contracts on behalf of a company.
In these situations, a history of major civil judgments or financial instability may be something employers want to understand before extending an offer.
The Key Difference Between Criminal and Civil Records: Who Brings the Case and What’s at Stake
Criminal cases are filed by the government and can result in loss of freedom, fines, or a permanent criminal record. Civil cases are filed by private parties and usually result in financial judgments or court-ordered actions. From an employer’s perspective, criminal records tend to relate more directly to safety and compliance, while civil records tend to relate more to financial and operational risk.
Whether an employer should check criminal records, civil records, or both depends largely on the role being filled and the legal environment in which the business operates. Most employers run criminal background checks on all hires, especially in regulated or high-trust industries.
Civil record searches are more commonly reserved for management, executive, or financially sensitive roles where a deeper understanding of a candidate’s legal and financial history is relevant to the job.
Understanding the difference between criminal and civil records is a practical tool for making better hiring decisions. Criminal records help employers assess safety, trust, and compliance risks, while civil records provide insight into financial and legal history that may matter in leadership or fiduciary roles. When used correctly and lawfully, both types of records can support a more responsible, transparent, and effective hiring process.
If you are unsure whether your current background check program is aligned with your industry requirements or local regulations, it may be worth reviewing your screening approach with us today.